Emergency Custody Order

[lvnyy2win]

What is the name of your state (only U.S. law)? Virginia Florida
WE live in Virginia all issues involving the courts are to be heard in Virgina. Mom has physical custody of child (10 yo) in florida. However my husband does have joint custody. Mom has cut off all contact w/ my husband. My husband was told not to call that she would not answer. Emails have not been answered. Mom has filed for more child support, we have filed for custody due to a disagreement in how the child has been in and out of counseling since she has had physical custody, he has not attended school regularly in months. in an attempt to obtain school records, mom called and states child has been sent to a mental institution with NO notificaton to Dadand is not allowed any contact. Mind you Dad and child up until 3 weeks ago have had a great relationship for a Dad who is so far away, and suddenly he does not want to have anything to do with Dad. We have documented phone records, emails to show contact and that hey have had a good relationship until recently, is there anyway to get the child out of the mental facility and into our custody? Emergency custody order? I am not sure how that works across state lines...

 

[LdiJ]

What is the name of your state (only U.S. law)? Virginia Florida
WE live in Virginia all issues involving the courts are to be heard in Virgina. Mom has physical custody of child (10 yo) in florida. However my husband does have joint custody. Mom has cut off all contact w/ my husband. My husband was told not to call that she would not answer. Emails have not been answered. Mom has filed for more child support, we have filed for custody due to a disagreement in how the child has been in and out of counseling since she has had physical custody, he has not attended school regularly in months. in an attempt to obtain school records, mom called and states child has been sent to a mental institution with NO notificaton to Dadand is not allowed any contact. Mind you Dad and child up until 3 weeks ago have had a great relationship for a Dad who is so far away, and suddenly he does not want to have anything to do with Dad. We have documented phone records, emails to show contact and that hey have had a good relationship until recently, is there anyway to get the child out of the mental facility and into our custody? Emergency custody order? I am not sure how that works across state lines...

Please have dad come here himself with a little clearer explanation of the history of this case and what is going on now. I couldn't make much sense out of what you wrote.

 

[sometwo]

please take out all the WE's. You have no standing and then make your post where it can be read.

 

[CJane]

Please have dad come here himself with a little clearer explanation of the history of this case and what is going on now. I couldn't make much sense out of what you wrote.

Also, Dad has the right to his child's medical information and records. A call to the primary care physician is in order.

Unless the circumstances of the hospitalization are clear, no one can advise you.

Are you suggesting that the child is just peachy keen and was admitted to a mental health facility for no reason at all?

 

[lvnyy2win]

This is the Father, using wife's log-in. My son's mother & I have joint legal custodyshe has physical custody. Per divorce decree, all "issues relating to child support, custody" referred to Virginia jurisdiction. She asserts son was "referred" to psych. because of issue @ school (fight) by school principal. I spoke to the principal on the phone, and she denied this. My son's mother told me he was now an in-patient in psych. facility, but "couldn't remember" the name. I called several in the area but none would give me any info. Remember - mother "said" this. I have no way of knowing for sure. Per juvy court clerk, I cannot request an emergency custody hearing without a lawyer. I have been unemployed over a year & cannot afford a lawyer. Any help would be appreciated. My son is only 10 and I am worried sick about him.

 

[LdiJ]

This is the Father, using wife's log-in. My son's mother & I have joint legal custodyshe has physical custody. Per divorce decree, all "issues relating to child support, custody" referred to Virginia jurisdiction. She asserts son was "referred" to psych. because of issue @ school (fight) by school principal. I spoke to the principal on the phone, and she denied this. My son's mother told me he was now an in-patient in psych. facility, but "couldn't remember" the name. I called several in the area but none would give me any info. Remember - mother "said" this. I have no way of knowing for sure. Per juvy court clerk, I cannot request an emergency custody hearing without a lawyer. I have been unemployed over a year & cannot afford a lawyer. Any help would be appreciated. My son is only 10 and I am worried sick about him.

Its not true that you cannot request an emergency custody hearing without an attorney. However, you have to study the rules and proceedures to do it without one.

Also, at this point, you honestly don't have the necessary basis for an emergency custody hearing.

However, if mom has been denying any provisions in your court order (visitation, phone visitation etc.) then you CAN file for contempt (again without an attorney) which will force mom to respond and to provide information as to exactly where your son is and what is going on with him.

If your son really is in a facility I suspect that mom has told them not to give you any information. You could force the facility to give you information, but that's not effective unless you know which one it is.